United States of America v. $36,052.00 In United States Currency

Filing 26

ORDER - The Plaintiff's Motion for Default Judgment and Decree of Forfeiture (Filing No. 25 ) is granted. All right, title, and interest in or to the Defendant currency held by any person or entity is hereby forever barred and foreclosed. The Defendant currency shall be and the same hereby is forfeited to the United States of America. The Defendant currency shall be disposed of by the United States of America in accordance with law. Each party will be responsible for its own fees and costs associated with this forfeiture action. Ordered by Magistrate Judge Thomas D. Thalken. (GJG)

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF NEBRASKA
UNITED STATES OF AMERICA,
Plaintiff,

8:15CV11

vs.
ORDER
$36,052.00 IN UNITED STATES
CURRENCY,
Defendant,
JASON CORTES and CHRISTA
CORTES,
Claimants.
This matter is before the court on the Plaintiff’s Motion for Default Judgment and
Decree of Forfeiture (Filing No. 25) against Jason Cortes, Christa Cortes, and any
unknown claimants. The Plaintiff is presently represented by Nancy A. Svoboda, Assistant
United States Attorney. Upon review of the record of this case, the court, being duly
advised in the premises, finds as follows:1

1.

A Complaint for Forfeiture In Rem was filed herein on January 13, 2015. See

Filing No. 1. A Warrant for Arrest In Rem was issued by this Court and was properly
served on the Defendant property by the U.S. Marshals Service. See Filing Nos. 4, 7.
2.

Publication of the notice of this action and of the arrest of the Defendant

property was duly made pursuant to Order of this Court dated January 23, 2015. See
Filing Nos. 6, 15.
3.

On January 14, 2015, the United States Marshals Service served Christa M.

Cortes and Jason Antonio Cortes with the Complaint for Forfeiture In Rem, the Notice of
Complaint for Forfeiture, and the Warrant for Arrest In Rem by certified mail, which were
received and signed for by Jason Cortes on January 21, 2015. See Filing Nos. 7-9.
4.

Christa M. Cortes and Jason Antonio Cortes (Claimants) filed an Answer to

the Plaintiff’s Complaint. See Filing No. 10 - Answer. No other person or entity entitled to
1

The parties consented to jurisdiction by a United States Magistrate Judge pursuant to 28 U.S.C. § 636(c).
See Filing No. 13 - Consent.

the Defendant property has filed a Claim or an Answer to Plaintiff’s Complaint within the
time fixed by law.
5.

On April 10, 2015, the Plaintiff and Claimants filed a Stipulation whereby the

Claimants would withdraw their Answer and consent to the entry of a Decree of Forfeiture
forfeiting the Defendant property to the United States. See Filing No. 17 - Stipulation. The
court adopted the Stipulation. See Filing No. 18 - Text Order.
6.

On May 28, 2015, the Claimants filed motions to withdraw their Answer. See

Filing Nos. 19 and 20 - Motions. The court granted the motions. See Filing No. 21 - Text
Order.
7.

On June 4, 2015, a Clerk’s Entry of Default was entered as to the Defendant

property and as to Claimants, Jason Cortes and Christa Cortes. See Filing No. 24.
8.

The Plaintiff’s Motion for Default Judgment and Decree of Forfeiture should

be sustained.

IT IS ORDERED:
1.

The Plaintiff’s Motion for Default Judgment and Decree of Forfeiture (Filing

No. 25) is granted;
2.

All right, title, and interest in or to the Defendant currency held by any person

or entity is hereby forever barred and foreclosed;
3.

The Defendant currency shall be and the same hereby is forfeited to the

United States of America;
4.

The Defendant currency shall be disposed of by the United States of America

in accordance with law; and
5.

Each party will be responsible for its own fees and costs associated with this

forfeiture action.

Dated this 4th day of June, 2015.
BY THE COURT:
s/ Thomas D. Thalken
United States Magistrate Judge

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